Md. Kaisar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24383 of 2019 Arising Out of PS. Case No.-219 Year-2018 Thana- KALYANPUR District- Samastipur ====================================================== MD. KAISAR Son of Md. Salauddin @ Sallauddin Resident of Village - Kalyanpur, P.S.- Kalyanpur, Distt.- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar For the Opposite Party/s :

Ms Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Kalyanpur P. S. Case No. 219 of 2018 registered for offences punishable under Sections 30 (a), 47 of the Bihar Prohibition and Excise Act, 2016.

As per F.I.R., after getting confidential information by the informant, A.S.I., he raided the spot from where huge quantity of wine has been recovered and saw that one Scorpio vehicle, one tractor and four motorcycles were standing near the petitioner's house and after seeing the police party, they started fleeing away from there but one person was apprehended, who disclosed his name as Foolbabu Kumar, and also the name of the petitioner and his brothers, who engaged in the illegal business of wine.

Submission of the learned counsel for the petitioner is that the petitioner is not owner of the alleged seized Scorpio,

Patna High Court CR. MISC. No.24383 of 2019(3) dt.01-07-2019 2/3 tractor and motorcycles and nothing has been recovered from the house of the petitioner and except his name is disclosed in the statement of co-accused, nothing has been attributed against the petitioner and he has been implicated only on the basis of suspicion, the petitioner has no criminal antecedent. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Kalyanpur P.S. Case No.219 of 2018, to the satisfaction of learned 3rd Additional Sessions Judge-cumSpecial Judge, Excise, Samasipur, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) sudha/- U T

Patna High Court CR. MISC. No.24383 of 2019(3) dt.01-07-2019 3/3